TAMIL NADU ELECTRICITY BOARD Vs. EASWARA GOUNDER

JUDGEMENT

(1.) AGGRIEVED by the common order, dated 05. 08. 2003, of the learned Single Judge, made in W. P. No. 13786 and 14283 to 14286 of 2003, Tamil Nadu Electricity Board through its Executive Engineer (Urban), Erode Electricity Distribution Circle, Erode, has filed the above appeals.

(2.) THE respondents in these writ appeals are agriculturists. Initially, all of them secured electricity power connection to their respective wells and subsequently sought to be disconnected by Proceedings dated 01. 04. 2003 on the ground that the Public Works Department have not issued 'no Objection Certificate' since their wells were situated within the prohibited distance of the Bhavani river bed. The learned single Judge, after verifying the letter dated 07. 10. 1994 of the Chief Engineer (Irrigation), Chepauk, Chennai-5 addressed to Chief Engineer (Distribution) as well as letter dated 17. 03. 2003 from Executive Engineer, Public Works Department, Bhavani Sagar Dam Division to the Tamil Nadu Electricity Board, Erode Electricity Distribution Circle, and after finding that the writ petitioners' wells are situated 200 metres away from Bhavani river and that neither any odai nor any stream can stand in the way of the electricity department in considering petitioners' applications, accepted the plea of the petitioners and allowed their writ petitions.

(3.) WE heard the learned counsel for the appellant as well as the respondents.